Wisconsin Uncontested Divorce Petition + Decree Filing Packet

WISCONSIN UNCONTESTED DIVORCE PETITION + JUDGMENT FILING PACKET

PACKET CONTENTS

1. ELIGIBILITY & RESIDENCY CHECKLIST

☐ At least one spouse has been a Wisconsin resident for 6 months immediately before filing (Wis. Stat. § 767.301(1)).
☐ At least one spouse has been a resident of the filing county for 30 days immediately before filing (§ 767.301(2)).
☐ Sole ground: irretrievable breakdown of the marriage (§ 767.315) — both parties so state under oath OR one party states and the parties have lived apart by choice for at least 12 continuous months.
☐ Both parties agree on all issues (custody, placement, support, maintenance, property, debts).
☐ Mandatory 120-day waiting period acknowledged (§ 767.335).
☐ Parent-education class scheduled (if minor children — required by most counties under Wis. Stat. § 767.401).
☐ Mediation orientation completed if any custody/placement dispute (Wis. Stat. § 767.405).
☐ Filing fee available (~$184.50; $194.50 if child support requested) or fee waiver (CV-410A).
☐ Both spouses willing to sign Joint Petition; otherwise solo petition path used.

2. JOINT PETITION FOR DIVORCE (FA-4110V with minors / FA-4111V without minors)

STATE OF WISCONSIN, CIRCUIT COURT, [____________________] COUNTY

Case No.: [____________________]

JOINT PETITION FOR DIVORCE

The Joint Petitioners, being duly sworn, jointly state:

1. Personal Information.

2. Marriage. The Joint Petitioners were lawfully married on [__/__/____] in [City, County, State/Country]. The Joint Petitioners separated on [__/__/____] [if applicable].

3. Residency. At least one Joint Petitioner has resided in Wisconsin for the six (6) months immediately preceding filing and has resided in [____________________] County for at least thirty (30) days immediately preceding filing, pursuant to Wis. Stat. § 767.301.

4. Irretrievable Breakdown. Both Joint Petitioners state under oath that the marriage is irretrievably broken within the meaning of Wis. Stat. § 767.315, and that there is no reasonable prospect of reconciliation.

5. Minor Children.
☐ There are no minor children of the marriage and neither Joint Petitioner is pregnant.
☐ The following minor child(ren) were born of or adopted into the marriage:

☐ Petitioner B is pregnant; expected due date: [__/__/____].

6. Prior or Pending Actions. Joint Petitioners ☐ are not aware of ☐ are aware of (specify) any prior or pending domestic-relations or paternity actions concerning the parties or the children.

7. Property and Debts. The Joint Petitioners have entered into (or will enter into) a written Marital Settlement Agreement resolving all property, debt, maintenance, custody, placement, and support issues, which shall be filed and submitted for the Court's approval.

8. Custody and Placement. [If children:] The Joint Petitioners propose joint legal custody and the placement schedule described in the attached Proposed Parenting Plan and Marital Settlement Agreement, consistent with the best interests of the child(ren) under Wis. Stat. § 767.41(5).

9. Child Support and Maintenance. [Per attached Settlement Agreement and Child Support Worksheet.]

10. Name Restoration.
☐ Petitioner A requests restoration of former name: [____________________].
☐ Petitioner B requests restoration of former name: [____________________].
☐ Neither requested.

11. Public Assistance. ☐ Neither Joint Petitioner nor any child has received public assistance. ☐ One or more parties has received Wisconsin Works (W-2), Medical Assistance, FoodShare, or child-care subsidies, and notice has been or will be served on the Department of Children and Families / county child support agency.

WHEREFORE, the Joint Petitioners request:

A. A Judgment of Divorce dissolving the marriage on the ground of irretrievable breakdown;
B. Approval and incorporation of the Marital Settlement Agreement and (if applicable) Parenting Plan into the Judgment;
C. [Restoration of former name(s) as requested;]
D. Such other relief as the Court deems just.

JOINT VERIFICATION

The undersigned Joint Petitioners declare under penalty of perjury under the laws of Wisconsin that the foregoing is true and correct.

[____________________________________________] Date: [__/__/____]
Petitioner A

[____________________________________________] Date: [__/__/____]
Petitioner B

3. CONFIDENTIAL PETITION ADDENDUM (GF-179)

4. FINANCIAL DISCLOSURE STATEMENT (FA-4139V)

Both Joint Petitioners must file individual Financial Disclosure Statements. Summary fields:

I declare under penalty of perjury that the foregoing is true and complete to the best of my knowledge.

[____________________________________________] Date: [__/__/____]
Signature

5. MARITAL SETTLEMENT AGREEMENT (FA-4150V / FA-4151V Summary)

This Marital Settlement Agreement is entered into by the Joint Petitioners on [__/__/____].

Article 1 — Marital Property Disclosure

Wisconsin is a marital property state under Wis. Stat. ch. 766. All property acquired during marriage is presumed marital, with limited exceptions for gifts, inheritances, and pre-marital property.

Article 2 — Real Property

Marital residence at [____________________]:
☐ Awarded to Petitioner A — refinance within [____] days.
☐ Awarded to Petitioner B — refinance within [____] days.
☐ Sold — net proceeds [____]% / [____]%.

Article 3 — Vehicles and Personal Property

Article 4 — Financial Accounts and Retirement

Article 5 — Debts

Article 6 — Maintenance (§ 767.56)

☐ Both Joint Petitioners waive all past, present, and future maintenance.
☐ [☐ A ☐ B] shall pay maintenance of $[________]/month for [____] months.

Article 7 — Tax Matters

Tax year [____]: ☐ Joint ☐ Separate. Dependents: [____________].

Article 8 — Custody, Placement, Child Support

[Refer to Parenting Plan and Child Support Worksheet.]

Article 9 — Full Disclosure and Voluntariness

Each Joint Petitioner acknowledges full financial disclosure (FA-4139V), opportunity for independent counsel, and voluntary execution.

Article 10 — Incorporation

This Agreement shall be incorporated into the Judgment of Divorce per Wis. Stat. § 767.34.

SIGNATURES

[____________________________________________] Date: [__/__/____]
Petitioner A

[____________________________________________] Date: [__/__/____]
Petitioner B

Notarized: [____________________]

6. PROPOSED PARENTING PLAN (FA-4147V)

Children:

A. Legal Custody (§ 767.41(2))

☐ Joint Legal Custody
☐ Sole Legal Custody to: [____________]
☐ Impasse-breaking authority: [____________]

B. Physical Placement (§ 767.41(4))

☐ Primarily with Petitioner [A / B]; secondary placement per schedule
☐ Shared placement; approximately [____] overnights with A and [____] overnights with B per year

Day-to-day schedule: [Specify weekdays/weekends.]
Holidays: [Specify.]
Summer/Vacations: [Specify.]
Exchange location: [____________________]

C. Child Support

$[________]/month payable by [____________] via Wisconsin Trust Account Receipt and Disbursement (WITARD) / Income Withholding. Calculated under DCF 150 (Percentage Standard) or as deviated below.

D. Health Insurance / Uninsured Costs

Insurance provider: [____________]. Uninsured medical, dental, vision: [____]% A / [____]% B.

E. Tax Dependency

Claimed by: [____________________].

F. Decision-making

☐ Education ☐ Health ☐ Religion ☐ Extracurricular — joint unless noted.

G. Relocation

Per Wis. Stat. § 767.481 — relocation notice required for moves >100 miles or out of state.

SIGNATURES

[____________________________________________] Date: [__/__/____]
Petitioner A

[____________________________________________] Date: [__/__/____]
Petitioner B

7. CHILD SUPPORT WORKSHEET

Wisconsin uses the Percentage Standard under DCF 150 unless deviated:

For shared placement (≥ 25%), use shared-placement formula; for serial-family, split-placement, or low-income payer, apply applicable DCF 150 adjustments.

Deviation: ☐ No ☐ Yes — Reason: [____________________].

8. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT OF DIVORCE (FA-4160VA / FA-4161VA)

STATE OF WISCONSIN, CIRCUIT COURT, [____________________] COUNTY

Case No.: [____________________]

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT OF DIVORCE

This matter came before the Court for hearing on [__/__/____]. The Court, having considered the Joint Petition, Financial Disclosure Statements, Marital Settlement Agreement, [Parenting Plan and Child Support Worksheet,] testimony, and the entire record, makes the following:

Findings of Fact

1. Joint Petitioner A and Joint Petitioner B were married on [__/__/____] in [____________________].
2. At least one Joint Petitioner has resided in Wisconsin for at least six (6) months and in [____________________] County for at least thirty (30) days immediately before filing (Wis. Stat. § 767.301).
3. Both Joint Petitioners have stated under oath that the marriage is irretrievably broken (§ 767.315).
4. 120 days have elapsed since the filing of the Joint Petition (§ 767.335).
5. [There are [____] minor children of the marriage, listed above.]
6. The parties have executed a Marital Settlement Agreement which the Court finds fair and equitable.
7. [The Parenting Plan and child-support provisions are in the best interests of the child(ren).]
8. Each party has filed a complete Financial Disclosure Statement under § 767.127.

Conclusions of Law

1. The Court has jurisdiction over the subject matter and the parties.
2. The marriage of the Joint Petitioners is irretrievably broken; there is no prospect of reconciliation.
3. The Marital Settlement Agreement is approved, equitable, and incorporated under § 767.34.
4. [Custody and placement orders are in the best interests of the child(ren) under § 767.41.]
5. Child support, if any, conforms to Wis. Stat. § 767.511 and DCF 150 unless properly deviated.

Judgment

IT IS ORDERED, ADJUDGED, AND DECREED, this [____] day of [____________], 20[____]:

A. The marriage of Joint Petitioner A and Joint Petitioner B is DIVORCED.
B. The Marital Settlement Agreement is incorporated, and its terms regarding property, debts, and maintenance are entered as orders of this Court.
C. [The Parenting Plan is approved; legal custody is [joint / sole to ____]; physical placement is as specified; child support of $[________] per month is payable by [____________] via income withholding to the Wisconsin Support Collections Trust Fund.]
D. [Petitioner [A / B] is restored to the former name of [____________________].]
E. Each party shall execute all instruments necessary to transfer property.
F. Six-Month No-Remarriage Rule (§ 765.03(2)): Neither party may remarry, anywhere in the world, until six (6) months after the entry of this Judgment.

[____________________________________________]
Circuit Court Judge

9. VITAL STATISTICS FORM

A "Certificate of Divorce, Annulment, or Legal Separation" must be completed by the parties (or attorneys) and filed at the time of judgment for transmittal to the Wisconsin Department of Health Services, Vital Records.

10. FILING & HEARING PROCEDURE

Step 1: Prepare and File

• File with the Clerk of Circuit Court:
• Joint Petition (FA-4110V or FA-4111V)
• Confidential Petition Addendum (GF-179)
• Financial Disclosure Statements (FA-4139V — both parties)
• Filing fee or fee waiver (CV-410A)

Step 2: 120-Day Waiting Period (§ 767.335)

• Mandatory. Runs from filing date of joint petition (or service of solo petition).
• Court cannot enter judgment before day 120.
• Waiver only in true emergencies (very rare).

Step 3: Parent Education / Mediation (if children)

• Most counties require both parents to complete a court-approved parent-education program (typically 2–4 hours; $20–$35 each).
• If any custody/placement dispute, orientation/mediation through county Family Court Services (§ 767.405).

Step 4: Marital Settlement & Final Paperwork

• File Marital Settlement Agreement (FA-4150V/4151V).
• File Parenting Plan (FA-4147V) and child support worksheet (if children).
• File proposed Findings of Fact / Judgment (FA-4160VA / 4161VA).

Step 5: Final Hearing

• Earliest on day 121.
• Brief hearing (often by Zoom in many counties). At least one Joint Petitioner must appear and testify under oath:
• Marriage date, residency, irretrievable breakdown, fairness of MSA, no reconciliation, best interests of children.
• Judge signs Judgment.

Step 6: Post-Judgment

• Obtain certified copies.
• Title transfers (real property, vehicles).
• QDROs for retirement plans.
• Beneficiary updates (life insurance, retirement, payable-on-death).
• No remarriage anywhere for 6 months per Wis. Stat. § 765.03(2).

SOURCES AND REFERENCES

• Wis. Stat. § 767.301 (Residency): https://docs.legis.wisconsin.gov/statutes/statutes/767/iv/301
• Wis. Stat. § 767.315 (Irretrievable breakdown)
• Wis. Stat. § 767.335 (120-day waiting): https://docs.legis.wisconsin.gov/statutes/statutes/767/iv/335
• Wis. Stat. § 767.41 (Custody/placement); § 767.511 (Child support); § 767.61 (Property)
• Wisconsin Court System — Family Court Forms: https://www.wicourts.gov/forms1/circuit/ccform.jsp?FormName=&Category=27
• Wisconsin Basic Guide to Divorce/Legal Separation (FA-4100V): https://www.wicourts.gov/formdisplay/FA-4100V_instructions.pdf
• DCF 150 (Child Support Percentage Standard): https://docs.legis.wisconsin.gov/code/admin_code/dcf/101_252/150
• Wis. Stat. § 765.03(2) (Six-month no-remarriage rule)